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Musician suing over flag abuse incident

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Published: March. 21, 2010 at 12:57 PM

TULSA, Okla., March 21 (UPI) -- A musician alleges in a lawsuit against the state of Oklahoma his free speech rights were violated when he was arrested for allegedly abusing a U.S. flag.

Smunty Voje lead guitarist Marion Gooding III is using his U.S. District Court suit to accuse the state of Oklahoma and its co-defendants of violations of free speech and expression for his July 2009 arrest by the Cherokee Nation Marshal Service, the Tulsa (Okla.) World said Sunday.

Authorities allege Voje, 31, trampled on a U.S. flag while performing on stage at the Friction nightclub in Tulsa on July 16. While the guitarist was initially arrested, the Rogers County District Attorney's Office decided not to file any charges in the matter.

As the result of a 1989 U.S. Supreme Court case, an individual's First Amendment rights covers destructive acts against the U.S. flag.

The World said Voje's suit also focuses on causes of actions including unreasonable search and seizure, rights of policy, practice or custom, false imprisonment and assault and battery.

Among the suit's co-defendants are the Cherokee Nation, Rogers County and Rogers County Sheriff Scott Walton.

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